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- Point in Time (01/10/2007)
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Version Superseded: 01/10/2008
Point in time view as at 01/10/2007. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 6.5.
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6.5—(1) Except as provided by [F1Section III of this Part] (service out of the jurisdiction) a document must be served within the jurisdiction.
(“Jurisdiction” is defined in rule 2.3)
(2) A party must give an address for service within the jurisdiction.
[F2Such address must include a full postcode, unless the court orders otherwise.
(Paragraph 2.4 of the Practice Direction to Part 16 contains provision about the content of an address for service).]
(3) Where a party—
(a)does not give the business address of his solicitor as his address for service; and
(b)resides or carries on business within the jurisdiction,
he must give his residence or place of business as his address for service.
(4) Any document to be served—
(a)by first class post [F3(or an alternative service which provides for delivery on the next working day)];
(b)by leaving it at the place of service;
(c)through a document exchange; or
(d)by fax or by other means of electronic communication,
must be sent or transmitted to, or left at, the address for service given by the party to be served.
(5) Where—
(a)a solicitor is acting for the party to be served; and
(b)the document to be served is not the claim form;
the party’s address for service is the business address of his solicitor.
(Rule 6.13 specifies when the business address of a defendant’s solicitor may be the defendant’s address for service in relation to the claim form)
(6) Where—
(a)no solicitor is acting for the party to be served; and,
(b)the party has not given an address for service,
the document must be sent or transmitted to, or left at, the place shown in the following table.
(Rule 6.2(2) sets out the statutory methods of service on a company)
Nature of party to be served | Place of service |
---|---|
Individual | • Usual or last known residence. |
Proprietor of a business | • Usual or last known residence; or |
• Place of business or last known place of business. | |
Individual who is suing or being sued in the name of a firm | • Usual or last known residence; or |
• Principal or last known place of business of the firm. | |
Corporation incorporated in England and Wales other than a company | • Principal office of the corporation; or |
• Any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim. | |
Company registered in England and Wales | • Principal office of the company; or |
• Any place of business of the company within the jurisdiction which has a real connection with the claim. | |
Any other company or corporation | • Any place within the jurisdiction where the corporation carries on its activities; or |
• Any place of business of the company within the jurisdiction. |
(7) This rule does not apply where an order made by the court under rule 6.8 (service by an alternative method) specifies where the document in question may be served.
[F4(8) In civil proceedings by or against the Crown, as defined in rule 66.1(2)—
(a)service on the Attorney General must be effected on the Treasury Solicitor;
(b)service on a government department must be effected on the solicitor acting for that department as required by section 18 of the Crown Proceedings Act 1947.
(The practice direction to Part 66 gives the list published under section 17 of that Act of the solicitors acting for the different government departments on whom service is to be effected, and of their addresses).]
[F5(Rule 42.1 provides that if the business address of his solicitor is given that solicitor will be treated as acting for that party)]
Textual Amendments
F1Words in rule 6.5 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(3)
F2Words in rule 6.5(2) inserted (6.4.2006) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(a), 11(a)
F3Words in rule 6.5(4)(a) inserted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 4(b)
F4Rule 6.5(8) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 11(b)
F5Words in rule 6.5 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 5
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